Bill H.555

HOUSE DOCKET, NO. 3880 FILED ON: 1/18/2019

HOUSE . . . . . . . . . . . . . . . No. 555

By Ms. Peisch of Wellesley, a petition (accompanied by bill, House, No. 555) of Alice Hanlon Peisch and others relative to the creation of partnership zones in certain school districts. Education.

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

An Act relative to establishing flexibilities for school districts.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 1J of chapter 69 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the fourth paragraph the following paragraph:-

If a school district has one or more schools designated as underperforming or chronically underperforming, the commissioner may initiate the establishment of a Partnership Zone pursuant to section 92A of chapter 71 as an alternative to the requirements and procedures set forth in this section and section 1K. The commissioner may grant an exemption from any and all requirements of this section to an underperforming or chronically underperforming school that is a member of a Partnership Zone established pursuant to section 92A of chapter 71.

SECTION 2. Chapter 71 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 92 the following section:-

Section 92A. Partnership Zones.

(a) The following words shall have the following meanings, unless the context clearly requires otherwise:

“Board”, the board of elementary and secondary education.

“Board of directors”, the board of directors of a Partnership Zone.

“Commissioner”, the commissioner of elementary or secondary education.

“Community-based members”, individuals who reside in the community or otherwise have significant ties to the community in which the Partnership Zone is located.

“Department”, the department of elementary and secondary education.

“Teacher leadership team”, a group of teachers at a Partnership Zone school, a majority of whom are elected by their peers and at least one of whom is appointed by the principal, who are involved in the operational and instructional decisions of the Partnership Zone.

(b) A Partnership Zone shall consist of at least two public schools, operating within a public school district, that is established for the purpose of improving school performance and student achievement through increased autonomy and flexibility. A Partnership Zone and its member schools shall have autonomy and flexibility in the following areas: (i) curriculum; (ii) budget; (iii) school schedule and calendar; (iv) staffing policies and procedures, including waivers from or modifications to, contracts or collective bargaining agreements; (v) professional development; and (vi) school district policies and procedures, including those related to procurement, human resources and operations. A student who is enrolled in a school at the time that it is established as a member school within a Partnership Zone shall retain the ability to remain enrolled in the school if the student chooses to do so, and the overall student assignment system in the district shall be maintained in the Partnership Zone.

All member schools in a Partnership Zone shall operate in accordance with state and federal laws regulating other public schools, except as the law conflicts with this section.

(c) A Partnership Zone established under this section shall operate according to a Partnership Zone Plan and a memorandum of understanding between the board of directors of the Partnership Zone and the local school committee. The establishment of a Partnership Zone may be initiated by: (i) a public school district that has one or more schools that score in the lowest 20 per cent statewide among schools serving common grade levels on a single measure developed by the department that takes into account student performance data and improvement in student academic performance; or (ii) the commissioner of elementary and secondary education in a district that has one or more schools designated as underperforming or chronically underperforming pursuant to section 1J of chapter 69 or in a district designated as chronically underperforming following a period of receivership pursuant to section 1K of chapter 69.

A local school committee, superintendent, mayor or local teacher’s union shall have the authority to initiate the establishment of a Partnership Zone pursuant to clause (i) of this subsection, subject to the approval of the school committee. A Partnership Zone initiated by the commissioner pursuant to clause (ii) of this subsection shall be subject to the approval of the board of elementary and secondary education.

(d) A Partnership Zone shall be managed by a board of directors that includes at least five but no more than nine members, all of whom shall be community-based members as defined in subsection (a). The majority of the members of the board of directors shall be independent members, defined as individuals who are not elected, appointed or employed by any municipal entity of the community in which the Partnership Zone is located. The board of directors shall also include at least one representative from the local school committee of the district in which the Partnership Zone is located as well as one educator from the community; provided, that said educator shall not be employed by the district in which the Partnership Zone is located. For a Partnership Zone initiated by a school district pursuant to clause (i) of subsection (b), the members of the board of directors shall be identified and listed in the prospectus developed under subsection (d). For a Partnership Zone initiated by the commissioner pursuant to clause (ii) of subsection (b), the members of the board of directors shall be appointed by the commissioner. The board of directors of a Partnership Zone shall be deemed to be public agents authorized by the commonwealth to operate and manage the Partnership Zone and member schools.

The board of directors shall have full managerial and operational control of the Partnership Zone and its member schools; provided, however, that the school district in which the Partnership Zone is located shall remain the employer of record for all other purposes.

(e) For a Partnership Zone initiated by a public school district pursuant to clause (i) of subsection (c), the local school committee, superintendent, mayor and local teacher’s union shall follow a process, consistent with this subsection and subsections (e) to (j), inclusive, by which a Partnership Zone shall be established within the district. This process shall require that the individual or entity proposing to establish the Partnership Zone prepare a prospectus regarding the proposed Partnership Zone. The prospectus shall include, but not be limited to, a description of: (i) the rationale for establishing the proposed Partnership Zone and the overall vision for the Partnership Zone, including improving school performance and student achievement; (ii) the names and accountability rankings of each school that will be included in the proposed Partnership Zone and why these schools have been selected; (iii) the number of students that the Partnership Zone expects to serve; (iv) a preliminary assessment of the autonomy and flexibility under subsection (a) that the Partnership Zone will seek; (v) why such flexibility is desirable to carry out the objectives of the Partnership Zone; (vi) the external partners, if any, that will be involved in supporting the Partnership Zone and its member schools, and the services that such partners are expected to provide; (vii) a proposed timetable for establishing the Partnership Zone; and (viii) the names of the individuals who will be appointed to serve as the members of the board of directors for the Partnership Zone in accordance with the requirements in subsection (c).

(f) Upon completion of the prospectus under subsection (d), the individual or entity proposing to establish the Partnership Zone shall submit the prospectus to the superintendent, who shall within 30 days convene a screening committee consisting of the superintendent or a designee, the chair of the local school committee or a designee and a representative from the leadership of the local teacher’s union.

The screening committee shall review the prospectus for the purpose of determining whether the prospectus: (i) presents a sound and coherent plan for improving student achievement; (ii) supports or enhances existing educational efforts in the district; and (iii) reasonably can be expanded into a comprehensive Partnership Zone plan. Within 30 days of receiving a prospectus, the screening committee shall decide, on the basis of a two-thirds vote, to accept, reject or return the prospectus for revisions. If a prospectus is rejected or returned, the screening committee shall provide a detailed explanation for the decision. A prospectus that is rejected or returned may be revised and resubmitted for subsequent consideration. By approving the prospectus, the screening committee shall also approve the establishment of the board of directors for the proposed Partnership Zone.

(g) Upon the approval of the prospectus by the screening committee under subsection (e), the newly constituted board of directors shall develop a memorandum of understanding with the local school committee that includes, but is not limited to, the following: (i) a detailed description of the division of responsibilities between the board of directors of the Partnership Zone and the local school committee; (ii) the services that shall be provided by the public school district to member schools in the Partnership Zone and the amount of funding that shall be allocated by the local school committee to provide such services; (iii) a detailed budget and financial agreement, including the allocation of per-pupil funding for the Partnership Zone and its member schools; (iv) the necessary activities to successfully transfer the management of the member schools to the board of directors of the Partnership Zone; (v) a description of the anticipated process by which the composition of member schools may be altered as appropriate and necessary; (vi) a provision requiring that the board of directors meet with the local school committee at least 4 times per year; (vii) a process for renewal; and (viii) a provision establishing the procurement policy between the Partnership Zone and the local school committee. The memorandum of understanding shall be a public document and must be posted on the website of the school district in which the Partnership Zone is located.

(h) Upon the approval of the memorandum of understanding by the board of directors and local school committee, the board of directors shall develop a comprehensive Partnership Zone plan for the proposed Partnership Zone. The board of directors shall engage district and community representatives, including but not limited to school administrators, teachers, students, parents and family members, municipal leaders and other members of the community in which the proposed Partnership Zone will be established, in the development of the plan. The Partnership Zone plan shall articulate the areas of autonomy and flexibility under subsection (a) that the proposed Partnership Zone will use, and shall include, but not be limited to, the following: (i) a copy of the prospectus developed under subsection (d); (ii) a copy of the memorandum of understanding approved by the board of directors and the local school committee; (iii) a description of the process by which the member schools will determine the uses of their autonomies and flexibility; (iv) a curriculum plan, which shall include a preliminary description of the curriculum and related programs that may be implemented in the member schools; (v) a proposed budget for the Partnership Zone, including a description of how funds will be used and distributed among the member schools; (vi) a school schedule plan, which shall include a preliminary description of the ways, if any, the programs or calendars of the member schools within the proposed Partnership Zone may be enhanced or expanded; (vii) a staffing plan, which shall include a description of how the principals, administrators, faculty, and staff will be recruited, employed, evaluated, and compensated in the member schools of the proposed Partnership Zone and any proposed waivers or modifications of collective bargaining agreements; (viii) a policy and procedures plan, which shall include a preliminary description of the operational policies and procedures that may be used by the member schools in the proposed Partnership Zone, which shall include a policy requiring the establishment of teacher leadership teams, as defined in subsection (a), within the member schools in the proposed Partnership Zone; and (ix) a professional development plan, which shall include a description of how the Partnership Zone may provide high-quality professional development to the administrators, teachers and staff working in the member schools of the proposed Partnership Zone.

To the extent practicable, the Partnership Zone plan shall be based on student outcome data, including, but not limited to: (i) student achievement on the Massachusetts Comprehensive Assessment System, or any successor statewide assessment system approved by the board of elementary and secondary education pursuant to section 1I of chapter 69; (ii) other measures of student achievement, approved by the commissioner, as appropriate; (iii) student promotion, graduation rates and dropout rates; (iv) achievement data for different subgroups of students, including low-income students as defined by chapter 70, limited English-proficient students and students receiving special education; (v) results of educator satisfaction surveys; and (vi) student attendance, dismissal rates and exclusion rates.

In order to assess the proposed Partnership Zone and its member schools across multiple measures of school performance and student success, the Partnership Zone plan shall include measurable annual goals including, but not limited to, the following: (i) student attendance; (ii) student safety and discipline; (iii) student promotion and graduation and dropout rates; (iv) student achievement on the Massachusetts Comprehensive Assessment System, or any successor statewide assessment system approved by the board of elementary and secondary education pursuant to section 1I of chapter 69; (v) progress in areas of academic underperformance; (vi) progress among subgroups of students, including low-income students as defined by chapter 70, limited English-proficient students and students receiving special education; and (vii) reduction of achievement gaps among different groups of students.

The provisions of the collective bargaining agreements applicable to the administrators, teachers and staff employed in the district in which the Partnership Zone is located shall be considered to be in operation at the member schools in the Partnership Zone, except to the extent the provisions are waived or modified under the Partnership Zone plan and such waivers or modifications are approved under subsection (h).

(i) Upon the completion of the Partnership Zone plan, the board of directors and local teachers union shall meet to negotiate waivers or modifications to the applicable collective bargaining agreement necessary for the implementation of the Partnership Zone plan. If the negotiations have not resulted in an agreement within 40 days, either party may petition the division of labor relations for the selection of an arbitrator. The division shall select an arbitrator within 3 days of the petition from a list submitted by the parties. The arbitrator shall conduct a hearing within 14 days of the arbitrator’s selection. The arbitrator shall consider the parties’ positions and the needs of the students in the district. The arbitrator’s decision shall be consistent with the contents of the Partnership Zone plan developed by the board of directors. The arbitrator shall, within 14 days of the close of the hearing, submit a decision which shall be final and binding on the parties.

(j) Upon completion of the negotiation process under subsection (h), the board of directors shall undertake a final vote to approve the Partnership Zone plan developed under subsection (g) and shall submit the plan to the commissioner. Within 45 days of receipt, the commissioner shall accept, reject or request revisions to the plan. The commissioner shall present specific requests for information or data if revisions are required, and shall provide detailed feedback if the plan has been rejected. The board of directors shall submit a revised plan to the commissioner within 30 days of receiving the request, and within 15 days of receiving the revised document, the commissioner shall accept the document or request additional revisions. The board of directors may submit a new plan if the original plan is rejected.

Upon final local approval of the plan, the commissioner shall, in writing, notify the board of directors of the formal establishment of the Partnership Zone and the board of directors shall have the authority to operate and manage the Partnership Zone and its member schools for a term of five years. The board of directors shall report annually to the local school committee.

(k) At the end of each five-year term, if the Partnership Zone and its member schools have substantively achieved academic and other goals and have fulfilled all material responsibilities articulated in the Partnership Zone plan, the term for the Partnership Zone may be renewed for another five years. The board of directors and local school committee may mutually agree to terminate the Partnership Zone at any point during a five-year term or at the end of the term.

(l) Pursuant to clause (ii) of subsection (b), the commissioner of elementary and secondary education may, on the basis of student performance data collected pursuant to section 1I of chapter 69, a school or district review performed under section 55A of chapter 15, or regulations adopted by the board of elementary and secondary education, initiate the establishment of a Partnership Zone in a public school district that has one or more schools designated as underperforming or chronically underperforming pursuant to section 1J of chapter 69. The commissioner may initiate the establishment of a Partnership Zone in a district designated as chronically underperforming following a period of receivership pursuant to section 1K of chapter 69.

(m) For a Partnership Zone initiated by the commissioner, the commissioner and board of directors shall follow a process, consistent with this subsection and subsections (n) to (t), inclusive, by which a Partnership Zone shall be established within the district. This process shall require that the commissioner present a recommendation to initiate the establishment of a Partnership Zone to the board of elementary and secondary education. At their first formal meeting following the presentation of the recommendation of the commissioner, the members of the board of elementary and secondary education shall vote to authorize the commissioner to initiate the establishment of the proposed Partnership Zone.

(n) Upon the approval of the board of elementary and secondary education, the commissioner shall, in consultation with representatives from the local school district and community in which the proposed Partnership Zone shall operate, select and appoint the members of the board of directors for the Partnership Zone in accordance with the requirements set forth in subsection (c).

(o) The newly constituted board of directors shall develop a memorandum of understanding with the local school committee that includes, but is not limited to the components listed in subsection (f). The commissioner shall serve as a signatory for the memorandum of understanding. The memorandum of understanding shall be a public document and must be posted on the website of the school district in which the Partnership Zone is located.

(p) Upon the completion of the memorandum of understanding, the board of directors shall develop a comprehensive Partnership Zone plan for the proposed Partnership Zone. The board of directors shall engage district and community representatives, including but not limited to school administrators, teachers, students, parents and family members, municipal leaders and other members of the community in which the proposed Partnership Zone will be established, in the development of the plan. The Partnership Zone plan shall articulate the areas of autonomy and flexibility under subsection (a) that the proposed Partnership Zone will use, and shall include, but not be limited to, the components listed under subsection (g).

(q) Upon the completion of the Partnership Zone plan, the board of directors and local teachers union shall meet to negotiate waivers or modifications to the applicable collective bargaining agreement necessary for the implementation of the Partnership Zone plan.

The bargaining shall be conducted in good faith and completed within 30 days. The agreement shall be subject to ratification within 10 business days by the bargaining unit members employed in the Partnership Zone member schools at the time of negotiation. If the parties are unable to reach an agreement within 30 days or if the agreement is not ratified within 10 business days by the bargaining unit members employed in the Partnership Zone member schools at the time of negotiation, the parties shall submit remaining unresolved issues to a joint resolution committee for dispute resolution process on the next business day following the end of the 30 day bargaining period or failure to ratify. Said dispute resolution process shall be conducted according to the procedures and requirements set forth in subsection (e) of section 1K of chapter 69.

(r) Upon completion of the negotiation process under subsection (q), the board of directors shall undertake a final vote to approve the Partnership Zone plan developed under subsection (p) and shall submit the plan to the commissioner. Within 45 days of receipt, the commissioner shall accept, reject or request revisions to the plan. The commissioner shall present specific requests for information or data if revisions are required, and shall provide detailed feedback if the plan has been rejected. The board of directors shall submit a revised plan to the commissioner within 30 days of receiving the request, and within 15 days of receipt, the commissioner shall accept the revised document or request additional revisions. The board of directors may submit a new plan if the original plan is rejected.

(s) Upon approving the plan, the commissioner shall present a recommendation to establish the Partnership Zone to the board of elementary and secondary education. At their first formal meeting following the presentation of the recommendation of the commissioner, the members of the board of elementary and secondary education shall vote on the establishment of the Partnership Zone in accordance with criteria developed by the board of elementary and secondary education. By a vote of the majority, the board of elementary and secondary education may approve the establishment of the Partnership Zone, request additional information or data, or reject the recommendation of the commissioner. The commissioner and board of directors of the proposed Partnership Zone shall respond to any requests for information and data within 30 days, and the members of the board of elementary and secondary education shall vote on the establishment of the Partnership Zone at a subsequent meeting selected by the chair of the board of elementary and secondary education. If the recommendation to establish the Partnership Zone is rejected, the chair of the board of elementary and secondary education shall present detailed feedback to the commissioner and the board of directors of the proposed Partnership Zone.

(t) Upon approval of the establishment of the Partnership Zone by the board of elementary and secondary education, the commissioner shall, in writing, notify the board of directors of the formal establishment of the Partnership Zone and the board of directors shall have the authority to operate and manage the Partnership Zone and its member schools for a term of five years. The board of directors shall report annually to the local school committee.

(u) At the end of each five-year term, if the Partnership Zone and its member schools have substantively achieved academic and other goals and have fulfilled all material responsibilities articulated in the Partnership Zone plan, the term for the Partnership Zone may be renewed for another five years, subject to the approval of the commissioner and the board of elementary and secondary education. The board of directors and commissioner may mutually agree to terminate the Partnership Zone at any point during a five-year term or at the end of the term.

(v) The commissioner shall report annually to the joint committee on education, the house and senate committees on ways and means, the speaker of the house of representatives and the senate president on the implementation and fiscal impact of this section. The report shall include, but not be limited to, the following: (i) a list of all Partnership Zones and their member schools, descriptions of academic and career themes as applicable and student enrollment, retention and demographic data; (ii) information about the uses of autonomy and flexibility in the Partnership Zones and how they are enabling the Zones and the member schools to achieve academic and other goals; (iii) student achievement and school performance data, including achievement data by student subgroup; (iv) information about the instructional, operational, fiscal and other implications of the Partnership Zones; and (v) information about the establishment of future Partnership Zones as applicable.

(w) Notwithstanding this section or any other general or special law to the contrary, for the purposes of chapter 268A and chapter 30B: (i) a Partnership Zone shall be deemed to be a state agency; and (ii) the appointing official of a member of the board of directors of a Partnership Zone shall be deemed to be the commissioner. Members of boards of directors of Partnership Zones operating under this section shall file a disclosure annually with the state ethics commission, the department and the city or town clerk wherein such Partnership Zone is located. The disclosure is in addition to the requirements of said chapter 268A and a member of a board of directors must also comply with the disclosure and other requirements of said chapter 268A. The form of the disclosure shall be prescribed by the ethics commission and shall be signed under penalty of perjury. Such form shall be limited to a statement in which members of the board of directors shall disclose any financial interest that they or a member of their immediate families, as defined in section 1 of said chapter 268A, have in any Partnership Zone or Partnership Zone member school located in the commonwealth or in another state or with a person doing business with a Partnership Zone or Partnership Zone member school.

Each member of a board of directors of a Partnership Zone shall file such disclosure for the preceding calendar year with the commission within 30 days of becoming a member of the board of directors, by September 1 of each year thereafter that the person is a member of the board of directors and by September 1 of the year after the person ceases to be a member of the board of directors; provided, however, that no member of a board of directors shall be required to file a disclosure for the year in which he or she ceases to be a member of the board of directors if he served less than 30 days in that year.

(x) Nothing in this section shall prohibit the commissioner of elementary and secondary education from exercising the right to designate schools as underperforming or chronically underperforming pursuant to subsections 1J and 1K of chapter 69.

(y) Notwithstanding this section or any general or special law to the contrary, the name of the Partnership Zone may be determined by the community or school district in which the Zone is located.

SECTION 3. The board of elementary and secondary education shall promulgate rules and regulations to implement the provisions of this act. Such regulations shall, at a minimum, address the appropriate level of per-pupil funding to be allocated by the local school committee to the board of directors of a Partnership Zone established pursuant to section 92A of chapter 71.

Name:	District/Address:	Date Added:
Alice Hanlon Peisch	14th Norfolk	1/18/2019
Louis L. Kafka	8th Norfolk	1/25/2019
Louis L. Kafka	8th Norfolk	1/25/2019
James K. Hawkins	2nd Bristol	2/1/2019